[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7485-S7487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3981. Mr. CARDIN (for himself and Mr. Young) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title XII, add the following:

     SEC. 1283. COMBATING GLOBAL CORRUPTION.

       (a) Definitions.--In this section:
       (1) Corrupt actor.--The term ``corrupt actor'' means--
       (A) any foreign person or entity that is a government 
     official or government entity responsible for, or complicit 
     in, an act of corruption; and
       (B) any company, in which a person or entity described in 
     subparagraph (A) has a significant stake, which is 
     responsible for, or complicit in, an act of corruption.
       (2) Corruption.--The term ``corruption'' means the unlawful 
     exercise of entrusted public power for private gain, 
     including by bribery, nepotism, fraud, or embezzlement.

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       (3) Significant corruption.--The term ``significant 
     corruption'' means corruption committed at a high level of 
     government that has some or all of the following 
     characteristics:
       (A) Illegitimately distorts major decision-making, such as 
     policy or resource determinations, or other fundamental 
     functions of governance.
       (B) Involves economically or socially large-scale 
     government activities.
       (b) Publication of Tiered Ranking List.--
       (1) In general.--The Secretary of State shall annually 
     publish, on a publicly accessible website, a tiered ranking 
     of all foreign countries.
       (2) Tier 1 countries.--A country shall be ranked as a tier 
     1 country in the ranking published under paragraph (1) if the 
     government of such country is complying with the minimum 
     standards set forth in subsection (c).
       (3) Tier 2 countries.--A country shall be ranked as a tier 
     2 country in the ranking published under paragraph (1) if the 
     government of such country is making efforts to comply with 
     the minimum standards set forth in subsection (c), but is not 
     achieving the requisite level of compliance to be ranked as a 
     tier 1 country.
       (4) Tier 3 countries.--A country shall be ranked as a tier 
     3 country in the ranking published under paragraph (1) if the 
     government of such country is making de minimis or no efforts 
     to comply with the minimum standards set forth in subsection 
     (c).
       (c) Minimum Standards for the Elimination of Corruption and 
     Assessment of Efforts to Combat Corruption.--
       (1) In general.--The government of a country is complying 
     with the minimum standards for the elimination of corruption 
     if the government--
       (A) has enacted and implemented laws and established 
     government structures, policies, and practices that prohibit 
     corruption, including significant corruption;
       (B) enforces the laws described in subparagraph (A) by 
     punishing any person who is found, through a fair judicial 
     process, to have violated such laws;
       (C) prescribes punishment for significant corruption that 
     is commensurate with the punishment prescribed for serious 
     crimes; and
       (D) is making serious and sustained efforts to address 
     corruption, including through prevention.
       (2) Factors for assessing government efforts to combat 
     corruption.--In determining whether a government is making 
     serious and sustained efforts to address corruption, the 
     Secretary of State shall consider, to the extent relevant or 
     appropriate, factors such as--
       (A) whether the government of the country has criminalized 
     corruption, investigates and prosecutes acts of corruption, 
     and convicts and sentences persons responsible for such acts 
     over which it has jurisdiction, including, as appropriate, 
     incarcerating individuals convicted of such acts;
       (B) whether the government of the country vigorously 
     investigates, prosecutes, convicts, and sentences public 
     officials who participate in or facilitate corruption, 
     including nationals of the country who are deployed in 
     foreign military assignments, trade delegations abroad, or 
     other similar missions, who engage in or facilitate 
     significant corruption;
       (C) whether the government of the country has adopted 
     measures to prevent corruption, such as measures to inform 
     and educate the public, including potential victims, about 
     the causes and consequences of corruption;
       (D) what steps the government of the country has taken to 
     prohibit government officials from participating in, 
     facilitating, or condoning corruption, including the 
     investigation, prosecution, and conviction of such officials;
       (E) the extent to which the country provides access, or, as 
     appropriate, makes adequate resources available, to civil 
     society organizations and other institutions to combat 
     corruption, including reporting, investigating, and 
     monitoring;
       (F) whether an independent judiciary or judicial body in 
     the country is responsible for, and effectively capable of, 
     deciding corruption cases impartially, on the basis of facts 
     and in accordance with the law, without any improper 
     restrictions, influences, inducements, pressures, threats, or 
     interferences (direct or indirect);
       (G) whether the government of the country is assisting in 
     international investigations of transnational corruption 
     networks and in other cooperative efforts to combat 
     significant corruption, including, as appropriate, 
     cooperating with the governments of other countries to 
     extradite corrupt actors;
       (H) whether the government of the country recognizes the 
     rights of victims of corruption, ensures their access to 
     justice, and takes steps to prevent victims from being 
     further victimized or persecuted by corrupt actors, 
     government officials, or others;
       (I) whether the government of the country protects victims 
     of corruption or whistleblowers from reprisal due to such 
     persons having assisted in exposing corruption, and refrains 
     from other discriminatory treatment of such persons;
       (J) whether the government of the country is willing and 
     able to recover and, as appropriate, return the proceeds of 
     corruption;
       (K) whether the government of the country is taking steps 
     to implement financial transparency measures in line with the 
     Financial Action Task Force recommendations, including due 
     diligence and beneficial ownership transparency requirements;
       (L) whether the government of the country is facilitating 
     corruption in other countries in connection with state-
     directed investment, loans or grants for major 
     infrastructure, or other initiatives; and
       (M) such other information relating to corruption as the 
     Secretary of State considers appropriate.
       (3) Assessing government efforts to combat corruption in 
     relation to relevant international commitments.--In 
     determining whether a government is making serious and 
     sustained efforts to address corruption, the Secretary of 
     State shall consider the government of a country's compliance 
     with the following, as relevant:
       (A) The Inter-American Convention against Corruption of the 
     Organization of American States, done at Caracas March 29, 
     1996.
       (B) The Convention on Combating Bribery of Foreign Public 
     Officials in International Business Transactions of the 
     Organisation of Economic Co-operation and Development, done 
     at Paris December 21, 1997 (commonly referred to as the 
     ``Anti-Bribery Convention'').
       (C) The United Nations Convention against Transnational 
     Organized Crime, done at New York November 15, 2000.
       (D) The United Nations Convention against Corruption, done 
     at New York October 31, 2003.
       (E) Such other treaties, agreements, and international 
     standards as the Secretary of State considers appropriate.
       (d) Imposition of Sanctions Under Global Magnitsky Human 
     Rights Accountability Act.--
       (1) In general.--The Secretary of State, in coordination 
     with the Secretary of the Treasury, should evaluate whether 
     there are foreign persons engaged in significant corruption 
     for the purposes of potential imposition of sanctions under 
     the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 
     2656 note)--
       (A) in all countries identified as tier 3 countries under 
     subsection (b); or
       (B) in relation to the planning or construction or any 
     operation of the Nord Stream 2 pipeline.
       (2) Report required.--Not later than 180 days after 
     publishing the list required by subsection (b)(1) and 
     annually thereafter, the Secretary of State shall submit to 
     the committees specified in paragraph (6) a report that 
     includes--
       (A) a list of foreign persons with respect to which the 
     President imposed sanctions pursuant to the evaluation under 
     paragraph (1);
       (B) the dates on which such sanctions were imposed;
       (C) the reasons for imposing such sanctions; and
       (D) a list of all foreign persons found to have been 
     engaged in significant corruption in relation to the 
     planning, construction, or operation of the Nord Stream 2 
     pipeline.
       (3) Form of report.--Each report required by paragraph (2) 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (4) Briefing in lieu of report.--The Secretary of State, in 
     coordination with the Secretary of the Treasury, may (except 
     with respect to the list required by paragraph (2)(D)) 
     provide a briefing to the committees specified in paragraph 
     (6) instead of submitting a written report required under 
     paragraph (2), if doing so would better serve existing United 
     States anti-corruption efforts or the national interests of 
     the United States.
       (5) Termination of requirements relating to nord stream 
     2.--The requirements under paragraphs (1)(B) and (2)(D) shall 
     terminate on the date that is 5 years after the date of the 
     enactment of this Act.
       (6) Committees specified.--The committees specified in this 
     subsection are--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, and the Committee on the Judiciary of the Senate; 
     and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, the Committee on Financial Services, and the 
     Committee on the Judiciary of the House of Representatives.
       (e) Designation of Embassy Anti-corruption Points of 
     Contact.--
       (1) In general.--The Secretary of State shall annually 
     designate an anti-corruption point of contact at the United 
     States diplomatic post to each country identified as tier 2 
     or tier 3 under subsection (b), or which the Secretary 
     otherwise determines is in need of such a point of contact. 
     The point of contact shall be the chief of mission or the 
     chief of mission's designee.
       (2) Responsibilities.--Each anti-corruption point of 
     contact designated under subsection (a) shall be responsible 
     for enhancing coordination and promoting the implementation 
     of a whole-of-government approach among the relevant Federal 
     departments and agencies undertaking efforts to--
       (A) promote good governance in foreign countries; and
       (B) enhance the ability of such countries--
       (i) to combat public corruption; and
       (ii) to develop and implement corruption risk assessment 
     tools and mitigation strategies.

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       (3) Training.--The Secretary of State shall implement 
     appropriate training for anti-corruption points of contact 
     designated under paragraph (1).
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